Case Note & Summary
The petitioner, Masudeo s/o Rama Kusalkar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Aurangabad. The petitioner challenged a notification dated 07-11-2017 issued by the Additional Collector, Ahmednagar (respondent No. 4), an order dated 23-08-2018, and a draft notification dated 31-08-2018. The petitioner's case was that the Government of Maharashtra, vide order dated 31-12-1989, allotted land from Gut No. 52/1 for rehabilitation of 179 persons belonging to backward class. The plot area admeasuring around 1 Are was allotted to each beneficiary subject to certain terms and conditions. The land is part of revenue village Limpangaon and known as Joshi Vasti. The petitioner sought a declaration that the impugned notification and orders were bad in law and contrary to the provisions of Section 4 of the Maharashtra Land Revenue Code, 1966 and Section 24 of the Bombay General Clauses Act. The petitioner also sought a writ of certiorari to quash and set aside the impugned notification and orders. The court examined the requirements under Section 4 of the Code, which mandates that any notification or order under the Code must be published in the Official Gazette. The court found that the Additional Collector had not published the impugned notification in the Official Gazette, rendering it invalid. Additionally, the court noted that the petitioner was not afforded any opportunity of hearing before the impugned order of resumption was passed, violating principles of natural justice. The court allowed the writ petition, quashing the impugned notification dated 07-11-2017, order dated 23-08-2018, and draft notification dated 31-08-2018. The court directed the respondents to follow the procedure prescribed under Section 4 of the Code and afford a hearing to the petitioner before taking any further action.
Headnote
A) Land Revenue - Resumption of Allotted Land - Section 4 of Maharashtra Land Revenue Code, 1966 - Publication in Official Gazette - The impugned notification dated 07-11-2017 and order dated 23-08-2018 were quashed as the Additional Collector failed to publish the notification in the Official Gazette as required under Section 4 of the Code. The court held that publication in the Gazette is mandatory for any order or notification under the Code to have legal effect. (Paras 1-10) B) Natural Justice - Right to Hearing - Resumption of Land - The court held that the petitioner, who was allotted land for rehabilitation, was not afforded any opportunity of hearing before the impugned order of resumption was passed. The failure to observe principles of natural justice vitiates the order. (Paras 1-10) C) Land Revenue - Resumption of Land - Section 24 of Bombay General Clauses Act, 1904 - The court noted that the impugned notification and order were contrary to the provisions of Section 24 of the Bombay General Clauses Act, which requires publication in the Official Gazette for orders to have effect. (Paras 1-10)
Issue of Consideration
Whether the impugned notification dated 07-11-2017 and the subsequent order dated 23-08-2018 and draft notification dated 31-08-2018 issued by the Additional Collector, Ahmednagar are valid in law, particularly in light of the requirements under Section 4 of the Maharashtra Land Revenue Code, 1966 and Section 24 of the Bombay General Clauses Act, 1904.
Final Decision
The writ petition is allowed. The impugned notification dated 07-11-2017, order dated 23-08-2018, and draft notification dated 31-08-2018 are quashed and set aside. The respondents are directed to follow the procedure prescribed under Section 4 of the Maharashtra Land Revenue Code, 1966 and afford an opportunity of hearing to the petitioner before taking any further action.
Law Points
- Section 4 of Maharashtra Land Revenue Code
- 1966
- Section 24 of Bombay General Clauses Act
- 1904
- Natural Justice
- Right to Hearing
- Publication in Official Gazette
- Resumption of Land
- Allotment to Backward Class
